BOARD OF SUPERVISORS
Tuesday, July 14, 2009

Present: Mr. Allen Hale, Ms. Connie Brennan, Mr. Tommy Bruguiere, Mr. Tommy
Harvey and
Mr. Joe Dan Johnson

PUBLIC COMMENT –Dr. Roger Collins, School Superintendent, updated the
Supervisors on issues related to schools, reporting that all four Nelson
schools will be fully accredited again this year. He noted that there were
141 graduates in the Class of 2009 with 81 of those graduates plans to
attend a two- or four-year college. Dr. Collins reported that the schools
were able to accomplish some of their capital improvement projects and that
the expected federal stimulus monies will be allocated through a
reimbursable process.

BROADBAND PROJECT – Mr. Carter reported that information is not final on
federal stimulus funds but that there are indications that the state could
invite the county to join in an application for funds. He indicated that
the county could also file its own application or file a regional
application. In addition, Mr. Carter reported that Icon Broadband
Technologies (the consultants who conducted the earlier studies) have quoted
$5,000 to assist the county in seeking funding from VA Department of Housing
and Community Development (DHCD) and another $17,000 to prepare a Request
for Proposals (RFP) from parties interested in helping the county implement
broadband solutions. Mr. Carter asked the Board to consider approving the
following four items:

– Authority to submit a federal stimulus grant application for funding
with or without inclusion in the state’s application;

– Authority to submit a DHCD Local Innovation Grant;

– A commitment from the county for the 20% local matching funds for a DHCD
grant of up to $481,540; and

– Approval of the $22,000 contract and funding with Icon Broadband
Technologies as noted above.

Supervisors voted 4-1 (Mr. Hale voting no) to approve the four items above.
Mr. Bruguiere said that he would reluctantly vote yes although he is not
sure the project will be the benefit everyone wants. Ms. Brennan said that
broadband is needed and worth doing. Mr. Johnson said that the county has no
future without broadband for jobs and to improve the standard of living. Mr.
Hale said that high-speed internet is essential to those doing business, but
said that there are options available now.

VIRGINIA BLUE RIDGE RAILWAY TRAIL – Supervisors voted 5-0 to authorize staff
to submit an application to the Virginia Recreational Trails program for a
grant in the amount of $25,000 for the next section of the trail.

COUNTY ADMINISTRATOR’S REPORT – Mr. Carter reported on the following:

– Schuyler Collection Site – has been closed and cleanup has been
completed with proposals obtained for the environmental testing to be done
related to the possible presence of contaminants resulting from waste
disposal.

– Blue Ridge Medical Center – the county has received notice from DHCD of
acceptance of the initial report on BRMC’s planned construction of a dental
clinic facility at the Center’s location on Rt. 29. The county is now
eligible to apply for $3,000 in funding for the first work that was
completed and an additional $23,000 in CDBG planning grant funding to
continue the planning of the dental clinic.

– Credit card machines have been purchased and, as of July 14th, installed
in the offices of the Treasurer, Planning & Zoning and Building Inspections.

APPOINTMENTS –

Supervisors voted 5-0 to appoint Mr. Ronald Fandetti to the Keep Nelson
Beautiful Council.

AMENDMENT/ZONING ORDINANCE/CABINS – With no public comment, Supervisors
voted 5-0 to amend the ordinance as follows:

Article 2. Definitions

2-15a Cabin: A single, permanent detached dwelling unit, which may or may
not contain cooking facilities and electrical service, and/or bathroom
facilities, dedicated to temporary occupancy of no more than 180 days per
year, for purposes of recreation, education, or vacation. Rental properties
meeting this description shall be considered cabins. If approved, the
property owner agrees to place a restrictive covenant on the property that
would limit the occupancy/use of the cabin to 180 days per year.

The amendment adds Cabin as a Use Permitted by Conditional Use Permit in
Agricultural (A-1) and Conservation (C-1) Districts.

AMENDMENT/ZONING ORDINANCE/AGRICULTURAL DISTRICTS – With no public comment,
Supervisors voted 5-0 to amend the ordinance as follows:

Article 2. Definitions.

2-85a Subdivision: A parcel of land which has been subdivided into smaller
parcels or lots for the purpose, either immediate or future, of transfer of
ownership or building development. The term “subdivision” includes FAMILY
DIVISIONS, “re-subdivision”, and, when appropriate to the context, shall
relate to the process of subdividing or the land subdivided.

Article 4, Agricultural District A-1

4-2 LOTS ALLOWED and Area Regulations (replacing Division Rights and Area
Regulations)

4-2-1 A parcel of record in the Clerk’s Office of the Circuit Court of
Nelson County on the effective date of this subsection (JUNE 1, 2007) MAY BE
DIVIDED INTO NO MORE LOTS THAN ARE PROVIDED IN THE CHART BELOW

0-5 acres 2 lots allowed
5-10 acres 3 lots allowed
10-15 acres 4 lots allowed
15-20 acres 5 lots allowed
20-25 acres 6 lots allowed
25-35 acres 7 lots allowed
35-45 acres 8 lots allowed
45-55 acres 9 lots allowed
55-65 acres 10 lots allowed
65-75 acres 11 lots allowed
75 acres A parcel of land larger than 75 acres has
additional division rights, provided each additional lot created is 20 acres
or more in size.

At the time of division, the owner of the parcel so divided shall designate
the number of LOTS into which each parcel so divided may be further divided
pursuant to this section. No such division or adjustment of boundary lines
or any other reconfiguration of a parcel shall increase the number of LOTS
which may be created.

Each plat of survey reflecting a division or adjustment of boundary lines or
any other reconfiguration of a parcel shall provide therein: (i) the
original number of LOTS ALLOWED FOR THE PARCEL, together with appropriate
instrument number references; (ii) the number of LOTS CREATED in this
division; (iii) the number of LOTS remaining; and (iv) the ALLOCATION OF
remaining LOT RIGHTS AMONG THE NEWLY CREATED LOTS.

Supervisors agreed that removing “division rights” and replacing that phrase
with “lots” created less confusion.

AMENDMENT/SUBDIVISION ORDINANCE/FAMILY DIVISIONS – With no public comment,
Supervisors voted 5-0 to amend Section 2 Definitions/Subdivision to include
“family division”. In addition, Section 3-2 Exceptions to Review by
Commission was amended as follows:

(4) A single division of a tract or parcel of land for the purpose of sale
or gift to a member of the immediate family of the property owner IF THE
PROPERTY OWNER AGREES TO PLACE A RESTRICTIVE COVENANT ON THE SUBDIVIDED
PROPERTY THAT WOULD PROHIBIT THE TRANSFER OF THE PROPERTY TO A NONMEMBER OF
THE IMMEDIATE FAMILY FOR A PERIOD OF FIVE (5) YEARS. Any parcel thus created
having less than five (5) acres shall have a right-of-way of no less than
thirty (30) feet wide providing ingress and egress to and from a dedicated
recorded public street. Only one such division shall be allowed per family
member, and shall not be for the purpose of circumventing this ordinance.
For the purpose of this subsection, a member of the property owner’s
immediate family is defined as any person who is a natural or legally
defined OFFSPRING, STEPCHILD, SPOUSE, SIBLING, GRANDCHILD, GRANDPARENT, OR
PARENT OF THE OWNER. It shall be noted on the plat and in the deed that this
is a family division of property pursuant to this subsection.

AMENDMENT/NELSON COUNTY CODE/COURT FEES – With no public comment,
Supervisors voted 5-0 to amend Chapter 11 to increase court fees in each
civil action filed in district or circuit court where the amount in
controversy is greater than $500.00 and in each criminal or traffic case in
the district or circuit court in which the defendant is charged with a
violation of any statute or ordinance. The current fee for construction and
maintenance of courthouse and court-related facilities is $2.00 and an
additional $3.00 fee will be assessed. The total fee of $5.00 will be
disbursed by the Supervisors solely for the construction, reconstruction,
renovation of, or adaptive re-use of a structure for a courthouse. In
addition, the fee for the use and maintenance of the law library was changed
from $2.00 to $4.00.

Meeting adjourned.

Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution.

BOARD OF SUPERVISORS
Thursday, June 25, 2009

Present: Mr. Allen Hale, Ms. Connie Brennan, Mr. Tommy Bruguiere,
Mr. Tommy Harvey and Mr. Joe Dan Johnson

WORK SESSION/RT. 29 CORRIDOR – Mr. Joe Springer with Parson’s Transportation
of Virginia presented information on the study initiated by the Commonwealth
Transportation Board to look at concerns and the future of the entire
219-mile corridor (from Danville to Gainsville). The study will consolidate
findings from previous studies and look at all modes of travel, land use
impacts and the effect of measures to control growth. Mr. Springer noted
that the study has already included a “listening tour” with the primary
concerns being safety; congestion at spot locations; the proliferation of
traffic signals; need for bypasses, limited access facilities and
alternative corridors; impacts of roadway widening or new roads;
preservation of historic and scenic resources; economic development; lack of
modal choices and growth management.

Mr. Springer identified the tools available including managed and restricted
access, transit and multi-modal, bypasses, corridor widening and limiting
sprawl. He then asked for input from the Supervisors.

Mr. Bruguiere said that he likes the idea of rail systems but the state
should not be paying for them. He said that the focus in Nelson should be
to improve the existing four-lane road. Ms. Brennan said that safety is a
critical issue in Nelson. She said that the speed limit on Rt. 29 was
raised to 60mph with school buses using the corridor and animals crossing
the road – all making Rt. 29 very dangerous. She said that limited access
is probably a good idea but the topography in Nelson would create some
issues with building access roads. Ms. Brennan said that the very wide
medians are a safety problem as people pull out onto Rt. 29 going the wrong
way without realizing it is a four-lane road. She said that she would like
to see a monorail go right down the middle of Rt. 29. Mr. Harvey said that
limited access is naturally there in Nelson given the topography but that he
is concerned about the property rights of those who own property along Rt.
29. He said that another connector road between Rt. 29 and Rt. 151,
possible from the area of Beech Grove, would take some of the impact on Rt.
29. Mr. Johnson said that he too is concerned about access to Rt. 29 for
those who own property along the road. Mr. Hale said that the problems have
been studied to death with all the problems clearly identified. He said
that the issue now is to find ways to fix the problems. He said that main
focus in Nelson is safety, especially along the original 29 alignment with
low shoulders and problem areas. Mr. Mike Tapager, a member of the Planning
Commission, said that the Commission is required to approve any project as
long as it meets the requirements of the ordinance. He said that he would
like to see some suggestions for language to restrict curb cuts and deal
with other limited access issues to protect both the public with limited
access and the property rights of those along Rt. 29.

SCHUYLER SOLID WASTE SITE – Mr. Carter advised the Board that the site has
been advertised for closure on June 30th and that the dumpsters will be
relocated to the Faber site until the new Cove Valley site is completed.

ICON BROADBAND TECHNOLOGIES PROPOSAL – Supervisors voted 5-0 to table
consideration of the group’s proposal for workshops, preparation of an RFP
and funding application assistance until final information is received on
federal stimulus funds and requirements.

MILLENNIUM GROUP LEASE AGREEMENT – Supervisors voted 5-0 to authorize staff
to execute a new five-year lease agreement with the group for the Nelson
Heritage Center (the old Nelson middle school on Rt. 29).

PROPOSED ZONING AMENDMENT – Supervisors voted 5-0 to adopt a resolution of
intent to reexamine certain area regulations (primarily lot size) where
public water and sewer and/or water is available in the county. The
resolution refers the issue to the Planning Commission for their review and
recommendation within sixty days after their first meeting following the
referral.

Meeting adjourned.

Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution.

BOARD OF SUPERVISORS
Tuesday, May 12, 2009

Present: Mr. Allen Hale, Ms. Connie Brennan, Mr. Tommy Bruguiere, Mr. Tommy
Harvey and Mr. Joe Dan Johnson

PUBLIC COMMENT – Ms. Judy Barnes, Afton, said that the tower on Rt. 151
(across from Rockfish Presbyterian) is way over the trees and no landscaping
has been done. She also said that the AT&T tower on Rt. 29 was to have been
a co-location but that there are two towers. Supervisors directed staff to
research both of Ms. Barnes questions and report back.

VDOT REPORT – Mr. Kevin Wright reported that the following Rural Rustic
Roads are planned for completion by late summer:

– Rt. 827 Glenthorne Loop (Nellysford)
– Rt. 661 Phoenix Road (Arrington)
– Rt. 641 Eades Lane (Lovingston)
– Rt. 807 Parrish Lane (Tyro)
– Rt. 726 Donahue Lane (Bryant)

He noted that several other Rural Rustic Roads would be done by contract and
completed next spring, including Ennis Mountain Lane in Afton.

PAVING/LOVINGSTON RESCUE SQUAD STATION #2 – After review of estimates,
Supervisors voted 5-0 to authorize funding not to exceed $40,000 for paving
of the station drive and parking area. Supervisors directed staff to take
the funding from a $130,000 EMS loan due to be repaid to the county this
year.

COUNTY ADMINISTRATOR’S REPORT – Mr. Carter reported on the following:

– Solid Waste – boundary survey of Cove Valley site in process with
preliminary site design to follow;
– Broadband Project – public hearing to establish a local wireless
authority advertised for May 28th;
– Radio Communications Project – RCC Consultants, Inc has been chosen to
provide engineering and design services for the county’s radio
communications project;
– Ferguson’s Store/Roseland Water Line Extension – project options and
cost projections to be presented at the May 28th meeting; and
– Health Department – the VA Dept of Health has given authorization for
Thomas Jefferson Health District to work with the county and Region Ten
staff towards relocating the Nelson County Health Department to Region Ten’s
new facility in Lovingston.

BUDGET WORK SESSION/SCHOOL FUNDING – Dr. Roger Collins and Ms. Shannon Irvin
presented the School Board’s report on their budget, noting a shortfall of
$267,883 after budget reductions and revenue shortfalls. Ms. Irvin reported
that state and sales tax revenues are less than anticipated. She noted that
stimulus monies are very clearly restricted as to use and reporting
requirements. Ms. Irvin noted that, due to economic conditions, the budget
was created with no new initiatives, no requests for additional staff, no
salary adjustments or increases in fringe benefits.

Mr. Hale noted that the county had a significant decrease in Personal
Property taxes with 1,600 fewer vehicles in the county this year resulting
in utilization of a different method of valuation and a tax increase for the
citizens. He reported on two calls he had had from constituents as examples
of what the citizens are dealing with in this economy and how the county has
had to make up their revenue shortfalls:

– a resident who owns a pickup truck with over 300,000 miles on it whose
value just increased for Personal Property Tax valuation; and
– a homeowner whose home was assessed at $486,600 but upon refinancing,
the appraisal came in at $402,000 – resulting in his paying taxes on $84,600
in value that is not there.

Further discussion tabled.

APPOINTMENTS – Supervisors voted unanimously to reappoint Jean Holliday as
the South District representative to the Nelson County Library Advisory
Committee.

BUDGET WORK SESSION – After discussion of the School Board request,
Supervisors voted to provide an additional $165,000 in funding and directed
staff to reallocate the funds as follows – $90,000 from the EMS loan
repayment to the county and $75,000 saved from purchasing only four new
buses this year instead of the five budgeted. Supervisors also voted
unanimously that if the School Board could identify any carryover money or
savings, the money would be reappropriated to their capital budget to pay
for the roof at Tye River Elementary.

(NOTE: The budget public hearing will be held at 7:30pm on Thursday, May
28th at the Courthouse.)

HIGH TOP COMMUNICATIONS TOWER – The VA State Police, Nelson County and
Central VA Electric Cooperative applied for a permit for a 160-foot Class
III tower with a concrete equipment shelter, a 1,000-gallon propane tank and
a 50′x50′ fenced area with a waiver of the landscaping requirements and a
reduction of the 2-mile distance between the tower and another Class II or
Class III tower.

During Public Comment, Ms. Judy Barnes, Afton, expressed concerns about the
health aspects of the tower with microwave emissions. Following the Public
Hearing, Mr. Carter noted that there are no federal or state regulations
that make the health question relevant at this time. Mr. Bruguiere said
that he is fully in favor of the tower as all three entities need it. Mr.
Hale asked about the traffic required to maintain the site and all three
entities said that once a month is typical.

Mr. Hale expressed appreciation for the State Police agreeing to lower the
tower to 160 feet from the original 199-foot requested. He noted, however,
that the Planning Commission and recommended approval with limitations on
the number of antennas. Mr. Bruguiere said that that was over-regulation
and the three entities do not know what they might need. Mr. Boger noted
that the ordinance requires that information and that the Planning
Commission has required that information in the past. He noted that the
Commission did provide some flexibility in the number of antennas that they
approved. Mr. Bruguiere said that, in his view, it is advantageous to put
as many antennas as possible on one tower rather than add towers.

Supervisors voted 5-0 to adopt a resolution approving the tower with the
waivers requested and without a limit on the number of antennas. Mr. Hale
noted his reservations about changing the Commissions recommendations and
Ms. Brennan said that the county should know what is going to be on the
tower. Mr. Johnson said that he does not want to restrict changes.

Meeting adjourned.

Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution.

BOARD OF SUPERVISORS
Thursday, April 23, 2009

Present: Mr. Allen Hale, Ms. Connie Brennan, Mr. Tommy Bruguiere,
Mr. Tommy Harvey and Mr. Joe Dan Johnson

COURTHOUSE PROJECT/TOWER LOCATION – Ms. Susan Rorrer reported that a 95-foot
monopole tower in a 50′x50′ fenced compound with a 12′x40′ equipment
shelter, emergency generator and propane or diesel fuel tank are planned for
the courthouse complex to provide communications for the new Emergency
Communications Center. She said that the site will provide a direct
microwave link to the tower proposed for High Top Mountain. Ms. Rorrer
presented two options for locating the tower – both northeast of the new
building with the second option approximately 75 feet northwest of the first
option. She noted that both sites have positives and negatives with the
first option being less visible.

Ms. Brennan said that she is disappointed that the Board did not hear about
the tower some time ago so members could have had time to think about the
location. She said that she believes the first option is the better choice.
Mr. Johnson asked whether there would be screening and Ms. Rorrer said that
staff has not yet gotten into those details but has focused on locating a
site to allow for completion of the design for conduit, cabling and power to
the site. Ms. Brennan asked that the design leave sufficient room to buffer
the site with some plantings. Mr. Bruguiere agreed that the first option
was the best and suggested using plastisol – black fence – so the galvanized
chainlink fencing would not be so obvious. Supervisors agreed by consensus
to direct staff to move the first option site as far to the east as possible
(given topography) to minimize the view.

2009 PERSONAL PROPERTY TAX RELIEF – Ms. McCann presented a resolution to
establish the tax relief rates, noting that the present relief is 59% and
recommending 55% as follows:

– Qualified vehicles with an assessed value of $1,000 or less will be
eligible for 100% tax relief;
– Qualified vehicles with an assessed value of $1,001 to $20,000 will be
eligible for 55% tax relief;
– Qualified vehicles with an assessed value of $20,001 or more will be
eligible to receive 55% tax relief on the first $20,000 of assessed value;
and
– All other vehicles which do not meet the definition of “qualifying”
(business use vehicle, farm use vehicle, motor homes, etc.) will not be
eligible for any form of tax relief under this program.

Supervisors voted 5-0 to adopt the resolution establishing the tax relief at
55%. Mr. Harvey said that he wants staff to track whether the state funds
the county receives for tax relief compare with the tax dollars paid by
residents, as there should not be a lot of money left over if those dollars
are supposed to go to tax relief. He said that he thinks this is another
backdoor way to raise taxes. Ms. McCann said that the staff estimates have
been within approximately $50,000 a year since the state changed their
reimbursement program a few years ago.

FY09-10 BUDGET – Staff reviewed the following:

Debt Service Fund – $3,077,301 pays all debt except a portion of the
middle school/high school project debt;
Capital Fund – $228,664 supports debt for the high school/middle school
project; the last contribution toward debt service of approximately $100,000
anticipated in FY11 leaving a fund balance of approximately $1.8 million
which could be used to supplement debt service or for other capital
projects.
Piney River Water/Sewer Enterprise Fund – expenses billed to the county by
the Service Authority for maintenance and billing have been substantially
higher than anticipated and operating expenses are anticipated to exceed
revenues by $71,367.
General Fund Revenues – Personal Property Tax revenues revised to reflect
a change to 90% of retail value resulting in decreased revenue of $248,087;
a decrease of $531,439 in total revenues (including all changes to local,
state and federal revenues)
General Fund Expenditures – After a correction of $49,890 and an
additional transfer of $36,675 for expenses to support the Piney River
Water/Sewer operations, the decrease to expenditures were $32,240.
Contingency Fund – Reductions in recurring revenue, non-recurring revenue
and contingency for Capital Improvements resulting in a decrease of $266,981
(reducing the contingency from $676,842 to $409,861).
School Funding – Mr. Bruguiere reported that School Board staff had noted
a $267,000 shortfall remaining after level funding their budget and
including stimulus money. Mr. Carter reported that his calculations
indicated a $100,000 surplus. Supervisors directed staff to work with
School Board staff to develop an accurate presentation and set up a meeting
with the School Board staff and any School Board members who could attend at
the May 12th afternoon meeting. Supervisors directed staff to then
advertise the budget for a May 28th public hearing. Supervisors voted 5-0
to adopt that schedule (May 12th joint meeting/May 28th public hearing).
Supervisors tabled discussion of a list of possible budget considerations
- reductions to expenditures and increases to revenues – to allow them to
review the information.

Meeting adjourned.

Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution.

BOARD OF SUPERVISORS
Thursday, February 26, 2009

Present: Mr. Allen Hale, Mr. Tommy Bruguiere, Mr. Tommy Harvey,
Mr. Joe Dan Johnson
Absent: Ms. Connie Brennan

Mr. Hale reported that Ms. Brennan is dealing with a family emergency in
Florida, is in touch with Staff and fellow Supervisors and hopes to be back
for the March 10th meeting.

CLOSED SESSION – Supervisors went into Closed Session to consult with legal
counsel on the acquisition of real property for public purposes.

FY09-10 BUDGET – Staff presented a draft budget noting proposed level
funding for all departments, agencies and the school system. The draft
includes a 5.5% health insurance increase ($24,881); 3 new police cars
($76,241); and 5 new school buses ($365,760). The draft budget includes
$34,692 General Fund support of Piney River water/sewer debt service as well
as $645,302 in Courthouse Project debt service. The first budget draft is a
$30,764,448 budget. Supervisors tabled further comment or discussion for
review of the draft and will continue their discussion at their March10th
meeting.

Meeting adjourned.

Copyright 2000-2009 by Rural Nelson, Inc. All rights reserved. Reports may
be reprinted or excerpted with attribution